Reply To: Federal judiciary finally sees light: Restrictions are punishment

Jeremy Heady

The good thing is that about half of state’s supreme courts have already deemed the registry in their state as punishment and now federal courts are starting to follow suit. It’s only a matter of time before the entire system is declared punishment although that won’t fix things immediately. Once it’s declared punishment, a whole slew of constitutional arguments are going to be raised. Ex post facto is the most common argument today, but other arguments will gain ground once Smith is overturned such as no bills of attainder, the equal protection clause, no cruel and unusual punishment, and especially due process. Due process is the requirement that you be able to defend yourself in a court of law before a punishment can be imposed. I am ordering my trial transcripts as we speak to fight on those grounds here in Indiana since my state has declared SORA punitive.